Kimkins Trial Verdict

The Court found in favor of the plaintiffs on all points.

We have a judgement based on fraud for $1.8 Million.

We have punitive damages for $500,000

We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.

While we won't see a court ordered 404 message we got something even better.

Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.

The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.

Oh, all of her assets have been frozen until the judgement is entered and served.

This may be appealed, of course, but today, WE WON!!!!!

The official version:
Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.


John E. Tiedt
TIEDT & HURD

Kimkins Email Lists

Despite being banned I still receive newsletters from Kimkins.con. Unsubscribe doesn't work either. I wonder if that doesn't violate the spam act. But then I can't see Heidi Diaz caring much about what she violates. Defrauding me of my membership fee was perfectly fine in her opinion. Lying about her weight loss and using pictures of other people was just "marketing" and no fraud intended? Making up "success" stories the same. And finally, filing for bankruptcy is just a way of staying in business?

No doubt is my name still on the list for all members that at one time paid the membership fee. No doubt did she not bother to remove the ones banned. Why would she? Many of us are annoying her by blogging so why not annoy us? Not that it bothers me. Just another email that ends up in my spam box to be deleted.

Of course, the reason for these emails is obvious. Most of the members abandoned Kimkins early on when they found out that the diet was not sustainable. Many of these may be unaware of the fraud and everything else that has been discovered during the past year and a half. Perhaps they would be willing to return and give it a new try. Even better for Heidi, talk some friends into joining them, paying the "discounted" Valentine's fee of $71.96. I hope they will spend a minute or two googling Kimkins before they part with their money.

Heidi Diaz is also continuing with the Kimkins google ads. Obviously, the bankruptcy doesn't mean that she is short of money. Not to mention new websites. Simple Choices Diet may have been abondoned now when it was discovered, but there are several more, I'm sure. Hopefully they will also disappear when Kimkins.con is shut down.

Kimkins Bankrupt

In an attempt to avoid certification of the Class Action Lawsuit, Heidi Diaz filed for Chapter 11 bankruptcy for Kimkins.

Luckily, that did not prevent certification. Heidi failed to show up for the Class Action hearing and had a default judgment entered against her.

It remains to be seen what will happen with the bankruptcy. She may have a hard time explaining why she started a new website, Simple Choices Diet, when she supposedly is busy reorganizing Kimkins to regain it's footing as a viable operation.

There has been speculation that Heidi would move the existing Kimkins members to her new site. I doubt it. Not unless they are willing to become subscribers and pay the monthly fee the new site charges. Of course, she may offer them a free trial membership for a few months to just populate the forum for her. That would save her the cost of hiring professional sock puppets.

It's not surprising that Heidi is now changing her business model to a monthly payment plan instead of the lifetime membership she had on Kimkins. She must have regretted choosing that option. Lately, the only new posters on the site have been returning members that do not bring in any new revenue.

Personally, I think the new site is an attempt to get rid of Clexus, a joomla tech support company. Clexus may have helped finance the buy out from Catherine, the partner Heidi initially had for Kimkins. At least there must be a reason that Heidi is continuing to pay money to this company. Around 25% after business expenses, if I read the bankruptcy data correctly. Having seen how Heidi operates, my guess is that she is not too happy about sharing any income. She did not like Catherine getting 50% of the profit when Heidi "was doing all the work." Surely she has the same opinion about Clexus.

The new site is using SMF (Simple Machines) free forum software. Brandon has some experience with it as he has had it on his own forum for some time (thecorruptedcanvas.com). I wouldn't call him an expert as he seems to have had problems with custom tweaks he has done. But at least Heidi could hope to get rid of the tech expenses she now has for running the joomla board on Kimkins.

I'm sure that Clexus is not too happy about what is going on with Kimkins. Having the company run down by Heidi. Spending a lot of money on google ads that don't result in revenue. Seeing the reputation of the company going down the tube. But not having presence in this country, I suspect they have few options of making their voice heard. However, my guess is that they have already gotten a higher payback than they ever expected.